Chapter 10 Products LiabilityOutline - Tagged

What concept does Caveat Emptor represent in product liability?

Let the buyer beware; initially, there was no liability for the seller.

What significant case removed the Caveat Emptor principle?

Henningsen v. Bloomfield Motors.

Which article of the UCC governs sales and product liability?

UCC Article II.

Give an example of an express warranty under UCC Article II.

Preshrunk fabric will not shrink.

What does the Federal Trade Commission (FTC) regulate in advertising?

Unfair and deceptive trade practices.

What does the Wheeler-Lea Act of 1938 broaden regarding FTC's powers?

'Is public deceived?' standard, not limited to competition impacts.

What act imposed restrictions on the FTC's regulation practices?

FTC Improvements Act of 1980.

What is the Implied Warranty of Merchantability?

Goods are fit for ordinary purposes and of average quality.

What does the Implied Warranty of Fitness for a Particular Purpose require?

The seller knows the buyer relies on their skill or judgment for a specific purpose.

What can disclaim both implied warranties?

Using terms like 'with all faults', 'as they stand', or 'as is'.

What is the main requirement for strict tort liability under § 402A?

The product must be manufactured reasonably safe.

What type of defects might fall under Unreasonably Dangerous Defective Condition?

Design defects or insufficient warnings.

What is one of the defenses against product liability torts?

Misuse or abnormal use of a product.

What does the term privity refer to in product liability?

The direct relationship between parties involved in the sale.

What does Assumption of Risk imply in product liability cases?

Plaintiff was aware of the danger and chose to proceed regardless.

What is the purpose of international standards in product liability?

To create uniformity in product safety regulations across countries.

What penalties can the Consumer Product Safety Commission enforce?

Federal penalties of $2,000 per violation, with a maximum of $500,000 for willful violations.